grupak
12-06 11:15 PM
From personal experience, both I-485 can be filed and H1-B extended. Have an approved I-140. If I-140 not approved then need labor to be pending for 1 yr I believe.
srsga
09-01 04:30 PM
I don't think so...today I got the Card Production Ordered email , after attending the interview at a local office a month ago. My PD is 06/30/2004 . You should be getting it soon, good luck.
GCInThisLife
07-18 01:46 PM
I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
gc_chahiye
02-10 06:13 PM
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
more...
RNGC
02-05 08:38 PM
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
ras
06-22 04:23 PM
Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
more...
TeddyKoochu
01-26 12:54 PM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Amazingly well said, great.
Amazingly well said, great.
pagalForGC
06-17 03:54 PM
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
more...
lostinbeta
10-21 04:20 AM
I guess the team that is on the ball that night is the one that deserves to win :)
Alright.... 4:20am here.... I should probably at least try and get some sleep or something.
Goodnight:)
Alright.... 4:20am here.... I should probably at least try and get some sleep or something.
Goodnight:)
.jpg "Beenmonica lewinsky bill")
jetflyer
02-15 03:17 PM
If each state in India were a country
There would have been no backlog.
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
There would have been no backlog.
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
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ras
08-09 10:48 PM
I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
vinabath
04-07 10:30 AM
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
I started calling my friends the same night that I got GC, but back in my mind I was still not sure and thought "whatif USCIS made a mistake" and thought may be I should wait until I get the card.
I have spent coupla nights searching forums what kind of email people get when GC approved. I found most get Approval Email and Card production. I got only one email. I am still not able to believe I got GC. It was like a distant dream few weeks ago.
Thanks
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
I started calling my friends the same night that I got GC, but back in my mind I was still not sure and thought "whatif USCIS made a mistake" and thought may be I should wait until I get the card.
I have spent coupla nights searching forums what kind of email people get when GC approved. I found most get Approval Email and Card production. I got only one email. I am still not able to believe I got GC. It was like a distant dream few weeks ago.
Thanks
more...
whiteStallion
07-30 01:51 AM
Very nice post...thanks a lot !
roseball
08-29 10:27 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.
In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.
In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.
more...
dcrtrv27
10-09 02:33 PM
This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
Leo07
10-09 06:55 PM
Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
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paskal
06-24 10:00 PM
i think you mean I-864
correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:
http://www.uscis.gov/files/form/I-864.pdf
I-485 instructions are very clear on who needs the I-865 form.
the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
NO tax forms are needed per my reading, check for yourself.
http://www.uscis.gov/files/form/i-485.pdf
correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:
http://www.uscis.gov/files/form/I-864.pdf
I-485 instructions are very clear on who needs the I-865 form.
the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
NO tax forms are needed per my reading, check for yourself.
http://www.uscis.gov/files/form/i-485.pdf
same_old_guy
07-05 04:32 PM
You should be ashamed to use LC subs and bragging about it here. People like you are making the whole things worse. When you get your I-140 rejected you can start nagging about how unfair the system is !!
Hassan11
04-15 09:55 AM
I just gave you some green. Thanks
Paper filing is best. AP got approved in 40 days from NSC.
Paper filing is best. AP got approved in 40 days from NSC.
corba
05-19 03:19 PM
My PD is
March 2008. Labor approved on May 08 Eb3-I
I-140 applied on June 2008
Got RFE on april 2009
Replied RFE on this week.
March 2008. Labor approved on May 08 Eb3-I
I-140 applied on June 2008
Got RFE on april 2009
Replied RFE on this week.
kriskris
07-28 04:29 PM
Roseball and sumkum,
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
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